Can I Get a Restraining Order through a Family Law Attorney?
If you have been involved in an incident of domestic violence, please contact the police immediately. A 24-hour helpline is also available at (800) 572-7233.
Domestic violence is a serious issue affecting people from all walks of life. If you need a restraining order, time is of the essence, and the expertise provided by the attorneys at Weinberg, Kaplan, & Smith, P.A., can assist in ensuring your protection remains the utmost priority.
Who Can Be Named in a Restraining Order?
In the State of New Jersey, the Prevention of Domestic Violence Act (PDVA) allows victims of domestic violence to seek protection from a person who falls within the following categories:
- A spouse or a former spouse;
- A current or former member of one’s household;
- Someone who shares a child with the victim or who is expecting a child with the victim; or
- Anyone with whom the victim has or had a dating relationship.
Temporary Restraining Orders
You can seek a Temporary Restraining Order (“TRO”) following an incident of domestic violence from the Courthouse or your local police station. Although indicated as a temporary restraint, a TRO will remain in place until a hearing takes place to determine whether a Final Restraining Order (“FRO”) should be entered, which is typically scheduled within 10 days.
Final Restraining Orders
At the hearing for a Final Restraining Order, you and the person against whom you obtained the original TRO will each have an opportunity to share your side of what happened. This can include presenting evidence and calling witnesses.
Final Restraining Orders (FROs) in the state of New Jersey are permanent and can only be vacated if the Court grants a petition to end or modify the FRO at a later date. If you are granted an FRO, the following additional relief may apply:
- Your abuser may face a $500 fine.
- They will be fingerprinted and photographed for the court’s database.
- They will no longer have the right to own a firearm while the order is in place.
The Stakes Are High
If you need a restraining order, the stakes are high, and your safety could be in jeopardy. This makes having skilled legal guidance on your side from the outset the best path forward. A seasoned family law lawyer is standing by to help.
Turn to an Experienced Marlton Family Law Lawyer for the Help You Need
The compassionate Marlton, NJ, family law attorneys at Weinberg, Kaplan, & Smith, P. A., will spare no effort in protection of your safety and well-being. Learn more about everything we can do to help by contacting us online or calling us at 856-795-9400 today.